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child support case

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1 child support case on Tue Nov 02, 2010 4:42 pm

ashgerwin


Arresto Menor
Hi,

My ex wife said she is going to file a case against me for not giving any financial child support to our two kids. If I don't have work and don't have any source of income, can the case against me prosper? Thank you.

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2 Re: child support case on Tue Nov 02, 2010 6:03 pm

attyLLL


moderator
this matter has not been settled. i see that most defendants in vawc use this defense. some work, some don't depending on the appreciation of the prosecutor handling the case.


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3 Re: child support case on Tue Nov 02, 2010 6:07 pm

ashgerwin


Arresto Menor
What if the reason why I lose my job is because of the wife? Like she did not renew my visa to work here in the Philippines? Do you think the prosecutor's office will appreciate it?

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4 Re: child support case on Tue Nov 02, 2010 6:19 pm

attyLLL


moderator
are you a foreign national?


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5 Re: child support case on Tue Nov 02, 2010 6:21 pm

ashgerwin


Arresto Menor
yes and im on tourist visa now cos she did not renew the spouse visa so i cannot work...

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6 Re: child support case on Tue Nov 02, 2010 6:24 pm

ashgerwin


Arresto Menor
also, my two kids are not FIlipinos. can the philippine law apply to them?

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7 Re: child support case on Tue Nov 02, 2010 6:32 pm

attyLLL


moderator
yes, the philippine law can apply to them. if their mother was filipino, then they are filipinos also. (and even if they are not).

i'm afraid i cannot foresee how the prosecutor will appreciate your defense. you will have to show that you have no property to support them with, not just no constant income.


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8 Re: child support case on Tue Nov 02, 2010 6:37 pm

ashgerwin


Arresto Menor
what if i was able to prove that i really dont have the means to support them? what will happen?

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9 Re: child support case on Tue Nov 02, 2010 9:01 pm

attyLLL


moderator
then you should not be charged. it is not mere failure but the deprivation of support which is the crime under RA 9262:

(2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman's children insufficient financial support;


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10 Re: child support case on Thu Nov 04, 2010 12:08 pm

ashgerwin


Arresto Menor
ok thanks..

what if my ex wife decided to renew my visa and i can continue with my work. how much should i give to my two kids if im only earning 13 - 15thousand a month? ex wife is asking 50% and i think it's too much.. is there a philippine law stating how much or how many percent the financial child support is?

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11 Re: child support case on Thu Nov 04, 2010 9:27 pm

attyLLL


moderator
the general rule is that spouses will contribute in proportion to their income. no specific formula.


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12 Re: child support case on Fri Nov 05, 2010 11:46 am

ashgerwin


Arresto Menor
my wife decided to have a business but she put it under her maiden name because she said she don't want it to be a conjugal property. I am really not after my share on her business. i don't even care about her business. i just want her to demand lesser since she is also earning through her business. is that right?

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13 Re: child support case on Fri Nov 05, 2010 10:58 pm

ashgerwin


Arresto Menor
What did you say???

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14 Re: child support case on Fri Nov 05, 2010 11:02 pm

attyLLL


moderator
again, it should be in proportion to your incomes, if she is earning more then she should be contributing more.


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15 Re: child support case Today at 8:23 am

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